The High Court has stopped city legislators from adopting a report to have five former City Hall officials investigated.
The ex-City Hall officials are on the spot over allegations of unaccounted millions of shillings in the Nairobi County Alcoholic Drinks Control and Licencing Board.
They had sought orders stopping the Nairobi County Assembly from debating the Report of the Select Committee on the Consideration of the Report of the Select Committee on the Consideration of the Report of Auditor General on Alcoholic Drinks Control and Licensing Board for the Year Ended 30th June 2020.
They further sought orders forbidding any public entity from acting on the Report as against the five.
They also asked the court to review and dismiss the report by the select committee, arguing that the Attorney General and the MCAs had surpassed the set constitutional timelines for the report.
"Certiorari to bring to this court and to quash the Report of the Select Committee on the Consideration of the Report of the Auditor General on Alcoholic Drinks Control and Licensing Board for the Year Ended 30th June 2020 dated 22 June 2023 and the Report of the Auditor General on Alcoholic Drinks Control and Licensing Board for the Year Ended 30th June 2020 dated 28 September 2022.
"(c) A declaration that; (i) the constitutional timelines in Article 229(4) and (8) and section48 and 50 of the Public Audit Act, 2015 are mandatory and must be complied with," the petition reads.
Justice Jairus Ngaah of the Milimani High Court granted their request, on June 27.
The case is set for mention on July 17, for further directions.
"I have read the applicants' application dated 26 June 2023 filed under a certificate of urgency of even date. The application is certified urgent. Leave is granted in terms of prayer 2 (a), (b) and (c) of the summons."
The officials include a former director of the Nairobi County Alcoholic Drinks Control and Licencing Board Hesbon Agwena, Liquor Board Accountant Julius Matekwa, Liquor Board Director and former Nairobi Trade Cabinet Executive Committee (CEC) member Allan Igambi, former Trade Chief Officer and County Secretary Jairus Musumba and former Trade Chief Officer Mohamed Sahal.
The Auditor General's report stated that receipts and payments received were Sh427, 267,499 million but payments worth Sh277, 304,402 were not accounted for, by the five officials.
It was also noted that no supporting documents such as receipt books, cash books, payment vouchers, ledgers and supporting schedules were presented during the audit.
On Thursday morning, the city MCAs adopted the report of the Select Committee led by Ngara MCA Chege Mwaura.